TN/RL/GEN/200/Rev.1  
 
6 March  2020 
(20-1782) Page: 1/2 
Negotiating Group on Rules  Original: English  
 
ARTICLE [X]: SPECIAL  AND DIFFERENTIAL TR EATMENT  
Communication from India 
Revision  
The following communication, dated 5 March  2020, is being circulated at the request of the 
delegation of India. 
_______________  
Special and Differential Treatment is incorporated as follows:  
Unreported and Unregulated Fishing  
X.1 (a)   The prohibition under Article [Z] in respect of unreported and unregulated fishing, shall not 
apply to subsidies granted/maintained by developing countries including Least Developed Countries 
(LDCs) for fishing and fishing related activities at sea by vessels other than large scale industrial 
fishing vessels1 within their territorial sea .2 
X.1 (b)   The prohibition under Article [Z] in respect of unr eported and unregulated fishing, shall not 
apply to subsidies granted/maintained by developing countries including LDCs for fishing and fishing 
related activities at sea by vessels other than large scale industrial fishing vessels1 in their Exclusive 
Econo mic Zone [EEZ] and the area of competence of Regional Fisheries Management 
Organization/Arrangement [RFMO/A] for a period of seven years from the date of entry into force of 
this instrument.  
Overfished Stocks  
X.2 (a)  The prohibition under Article [Z] in r espect of overfished stocks, shall not apply to subsidies 
granted/ maintained by developing countries including LDCs for fishing and fishing related activities 
at sea in their territorial sea.  
X.2 (b)  In respect of fishing and fishing related activities a t sea with  in their EEZ, the developing 
countries including LDCs shall be entitled to a transition period of two years  to withdraw or modify 
any subsidy for fish stocks that have been declared as overfished by the national authorities based 
on the best sci entific evidence available to such Members.  
Overfishing and Overcapacity  
X.3 (a)   The prohibition under Article [Z] in respect of overfishing and overcapacity shall not apply 
to subsidies granted/maintained by LDCs for fishing and fishing related activitie s at sea.  
X.3 (b)  The prohibition under Article [Z] in respect of overfishing and overcapacity shall not apply 
to subsidies granted/maintained by developing countries for fishing and fishing related activities at 
sea within their territorial sea.  
 
1 The definition of large scale  industrial fishing vessels is subject to negotiations . 
2 12 Nautical miles measured from the baseline.  TN/RL/GEN/200/Rev.1  
 
- 2 - 
 
  X.3 (c)   The prohibition under Article [Z] in respect of overfishing and overcapacity shall apply to 
subsidies granted/maintained by a developing countries for fishing and fishing related activities at 
sea in their Exclusive Economic Zone [EEZ] and the area of competen ce of Regional Fisheries 
Management Organization/Arrangement [RFMO/A] if all the following criteria are met:  
i. their GNI per capita crosses US$ 50003 (based on constant $2010) for three consecutive 
years;  
ii. their individual share exceeds 2% of the annual globa l marine capture fish production as 
per most recent published FAO data;  
iii. they engage in distant water fishing4; 
iv. the contribution from Agriculture, Forestry and Fishing in their national GDP5 is less than 
10%for three consecutive years . 
Technical Assistance  and Capacity Building  
X.4  The developed country members, and the developing country members declaring themselves 
in a position to do so, shall provide targeted technical assistance and capacity building assistance to 
developing country members and LDCs f or the purpose of implementation of the disciplines.  
__________  
 
3 US$ 5000(based on constant $2010) as per published data of the World Bank . 
4 A Member is deemed not to be engaged in d istant water fishing  if its operators or vessels normally fish 
in FAO Major Fishing Area(s) that is(are) adjacent to the natural coastline of the Flag State.  
5 Based on the latest published data of the World Bank .